The Majlis Archive
Death and Wills The Majlis Vol 28 No 08, p.22

My late father had passed away in 1985 (40 years ago).

Question

My late father had passed away in 1985 (40 years ago). His will was not a shariah compliant will. My brother was running the business. My father had a lot of farm properties, mining properties and businesses in a small farming and mining town. My father‟s heirs were his 4 daughters, 2 sons and wife (my mother). A few months after the death of my father, my two sisters received cash amounts of R20 000.00 (Twenty thousand rand each) from his attorneys as being their shares of the inheritance. So we sisters did not want a confrontation with him (our brother). Therefore, we left the matter. On enquiring of our 2 sisters‟ shares from my youngest brother, we were told that my father had given us in his lifetime a share in a property worth R20.000 each so there was no inheritance for us. Even after 40 years, my father‟s estate has not be sorted out according to the Shariah. My three sisters have already died. What is the Shariah‟s ruling regarding this issue?

Answer

The Shariah states that your father and your brother who have usurped the entire estate are to be assigned to Jahannam. The punishment is severe, and they will be deprived of Jannat. Your right of inheritance and the right of your deceased sisters remain intact.

The lousy R20,000 given to you during your father‟s lifetime does not cancel your right of inheritance. Nothing ever cancels a person‟s right of inheritance. Even if an heir signs away his right or refuses to accept it, his right of inheritance remains intact.

Today, your father‟s estate is worth tens of millions of rand. Soon, will your brother also be in the grave. The terrible Athaab of the Qabr is a reality from which your brother will never escape. For the carrion crumbs of the dunya has he defrauded the heirs. He should shame himself for speaking about the haraam stupidity of the paltry R20,000.

TRUSTS?

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The Majlis Vol 28 No 08
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22

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Appears under THE CALAMITY OF DEFRAUDING THE HEIRS. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.

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